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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 98-7490

ANTONIO DONOTEA HARRELL,


Petitioner - Appellant,
versus
EUGENE M. NUTH, Warden; ATTORNEY GENERAL OF
THE STATE OF MARYLAND,
Respondents - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-98858-AMD)

Submitted:

January 7, 1999

Decided:

January 20, 1999

Before WIDENER, MURNAGHAN, and ERVIN, Circuit Judges.

Dismissed by unpublished per curiam opinion.


Antonio Donotea Harrell, Appellant Pro Se. John Joseph Curran, Jr.,
Attorney General, Regina Hollins Lewis, Assistant Attorney General,
Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.


See Local Rule 36(c).

PER CURIAM:
Antonio Donotea Harrell seeks to appeal the district courts
order denying relief on his petition filed under 28 U.S.C.A. 2254
(West 1994 & Supp. 1998), and his motion for reconsideration.

We

have reviewed the record and the district courts opinion and find
no reversible error.

Accordingly, we deny a certificate of ap-

pealability and dismiss the appeal on the reasoning of the district


court.

See Harrell v. Nuth, No. CA-98-858-AMD (D. Md. Aug. 18 &

Sept. 3, 1998).*
of counsel.

We also deny Harrells motion for the appointment

We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before


the court and argument would not aid the decisional process.

DISMISSED

Although one of the district courts orders is marked as


filed on August 17, 1998, the district courts records show that
it was entered on the docket sheet on August 18, 1998. Pursuant to
Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is
the date that the judgment or order was entered on the docket sheet
that we take as the effective date of the district courts
decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir.
1986).
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